logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2020.09.18 2020노248
아동ㆍ청소년의성보호에관한법률위반(강간등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for ten years.

For a period of 10 years, the information on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the respondent for an attachment order (including the status of the respondent for a treatment order (hereinafter “Defendant”), the lower court’s sentence (one-year imprisonment, etc.) on the part of the Defendant’s case is unreasonable. 2) Even though the part of the Defendant’s case claiming an attachment order is not likely to repeat sexual crimes, it is unreasonable for the lower court to issue an attachment order to the Defendant.

B. The prosecutor’s sentence of the lower court is unreasonable as it is unhutiled.

2. Determination ex officio on the part of the defendant's case and the prosecutor's grounds of appeal are examined ex officio prior to the judgment.

Article 2 (1) 3 of the Act on Special Cases concerning the Punishment of Specific Crimes (hereinafter referred to as the "Specific Crimes Act") provides for "the crimes under Articles 301 and 301-2 among the crimes of rape and indecent act in Part II of the Criminal Act, and the crimes under Articles 297, 297-2, 298, 300 and 305" and 4 "the crimes under Articles 301 through 10 and 15 (excluding the crimes under Article 13-2) of the Act on Special Cases concerning the Aggravated Punishment of Children and Juveniles from Crimes under Article 2 of the Criminal Act, and the crimes under Articles 29 to 30 of the Act on the Aggravated Punishment of Children and Juveniles from Sexual Abuse, crimes under Article 29 of the Act on the Aggravated Punishment of Children and Juveniles from Sexual Abuse, crimes under Article 30 of the Act on Special Cases concerning the Rape and the Punishment, etc. of Sexual Crimes, and crimes under Article 29 to 30 of the Act on the Protection of Children and Juveniles from Sexual Abuse."

In addition, Article 3 of the Specific violent Crimes Act has been sentenced to punishment for specific violent crimes, and its execution has been terminated or exempted.

arrow